Rakesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14425 of 2020 Arising Out of PS. Case No.-298 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== RAKESH RAI Son of Jatashankar Rai @ Jata Shankar Prasad Yadav Resident of Village - Batrauli, P.O.- Mahindwara Ward No.1, P.S.- Runnisaidpur, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons fired shot at the son of the informant. The son of the informant was taken to S.K.M.C.H., but he died during course of treatment. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.07.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. There is general and omnibus allegation of firing against the three accused persons

Patna High Court CR. MISC. No.14425 of 2020(2) dt.02-03-2020 2/2 including the petitioner. Postmortem report shows only one single fire arm injury i.e. wound of entry and exit. No specific injury is attributed against the petitioner. Other co-accused has been granted bail vide Annexure 2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. case No.298 of 2018.

(Sudhir Singh, J) Narendra/- U T